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1. Waitangi Tribunal COVID-19 protocol (13 September 2022) [pdf, 141 KB]

   ...all other Tribunal events, including judicial conferences and mediations. 12. Hearings remain open to the public, but for health and safety reasons there may be limits on the number of people who are not directly involved in proceedings who are permitted to be physically present in courtrooms and court buildings. Masks 13. For the reasons set out paragraph 3 above, a surgical mask or KN95 mask must be worn by all persons present at an in-person Tribunal hearing, unless the Presidin...

2. Hearing Schedule as at 19 October 2021 [pdf, 91 KB]

   ...Court (45min) Lunch (1pm) ORC Kai Tahu ki Otago Edward Ellison Cultural Evidence Summary (10min) XXN (TBC) Court (45min) ORC Ngai Tahu ki Murihiku Dean Whaanga Cultural Evidence Summary (10min) XXN (TBC) Court (45min) Placeholder - if time permits, the planning witnesses scheduled for the Wednesday can be bought forward Adjourn (5pm) Wednesday 10 November 2021 - Hearing Day 3 - Dunedin (9.30am Start, 5pm Adjournment) Party Reference / Submission No. Name of Representative Subje...

3. BORA Domestic Violence Reform Bill [pdf, 196 KB]

   ...Their Families Act 1989. 4. Given the availability of these measures, no issue of inconsistency arises. Court-directed attendance at addiction assessment and treatment 5. Clause 23 (new ss 44B and 44D-44F), 24 (new s 47(1A)(b)) and 26 (new s 49A) permit the Family Court to direct a person who is a respondent to a protection order to undertake an addiction assessment and, consequent on that assessment, an addiction treatment programme and, further, sanction non-compliance both as an off...

4. FT v SV [2018] NZDT 1516 (19 December 2018) [pdf, 179 KB]

   ...9.12 was based, namely reg 53 of the Traffic Regulations 1956. In Berrett v Smith [1965] NZLR 460, Hutchinson J held that reg 53 was designed to protect the purchaser, and that breach of reg 53 made the seller’s performance of the contract illegal, permitting the innocent purchaser to recover any amount paid in respect of the contract. On other hand, in Fenton v CI0301_CIV_DCDT_Order Page 2 of 3 Scotty's Car Sales Ltd [1968] NZLR 929, Woodhouse J held that reg 53 was designed s...

5. [2024] NZEnvC 112 Fraser Auret Racing v Rangitīkei District Council [pdf, 644 KB]

   ...activities*(excluding truck stop for public use) b. Weighbridge facility c. Earthworks d. Primary production* including buildings and ancillary activities associated with primary production e. Construction and operation of rail siding Permitted (PER) DEV-R2 1. Activities specified in DEV-R1 that do not comply with standards DEV-S1-DEV S7 or DEV-S13. The matters over which the Council will exercise its discretion are: a. The effects of the noncompliance. 2. The foll...

6. National Standards Committee v Huang [2014] NZLCDT 74 [pdf, 137 KB]

   ...and (g) That he co-operated fully with the investigation and admitted his guilt at the earliest possible opportunity. [5] Counsel for the practitioner submitted that a balancing of the above factors with the seriousness of the offending would permit a penalty short of striking off. He advocated a period of suspension. Discussion [6] Both counsel for the Committee and the practitioner have referred the Tribunal to the established guiding principles in disciplinary proceedings a...

7. 2017 Youth Court Media Protocol [pdf, 166 KB]

   Media and Reporting Protocol in the Youth Court The Youth Court is a division of the District Court. Its proceedings are not open to the public. However, media are legally entitled, and permitted, to attend Youth Court proceedings under 329(1)(l) of the Oranga Tamariki Act 1989 (“the Act”), and are welcome to do so. The reporting of Youth Court proceedings is subject to a statutory prohibition against publication, except with the leave of the Judge that heard the proceedings. The Yout...

8. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...shore, and the northern half approximately 1 kilometre from the coast with long lines running perpendicular to the shore. [3] After a hearing of submissions the Council issued a decision dated 20 December 2000 recommending the grant of coastal permits for the site, subject to conditions. Two parties appealed: the Director-General of Conservation, and Friends of Nelson Haven and Tasman Bay Incorporated ("the Friends"), a public interest group. A subsequent agreement reach...

9. [2022] NZEnvC 044 Te Runanga o Kaikoura v Marlborough District Council [pdf, 368 KB]

   ...[8] Te Rūnanga o Ngāti Kuia Trust sought a number of changes related to provisions for enabling papakāinga. As a result of the agreed amendments to the definitions of papakāinga and papakāinga unit and the insertion of a new papakāinga-permitted activity to Urban Residential 3 Zones, the appellant no longer wishes to pursue the other appeal points related to papakāinga.6 Orders [9] The court makes this order under s279(1) RMA, such order being by consent, rather than repr...

10. [2023] NZEnvC 095 Country Lifestyles Limited v Auckland Council [pdf, 428 KB]

    ...Road, Wainui. This is a different property to the one subject to the CLL appeal and to InfoTech’s application for declarations. The key issue to address was whether the proposed earthworks required resource consent and whether they were a permitted activity under both the land disturbance rules in the Auckland Unitary Plan (Operative in Part) (AUP) and Regulation 54 of the Resource Management (National Environmental Standards for (a) (b) (c) [1] [2] [3] [4] 3...